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NY K80957

January 13, 2004
CLA-2-61:RR:NC:TA:354 K80957


TARIFF NO.: 6109.90.1065

Mr. Mark Harabedian
180 Madison Avenue, 18 Floor
New York, New York 10016

RE: The tariff classification of a women’s garment from the Philippines.

Dear Mr. Harabedian:

In your letter dated December 10, 2003, you requested a classification ruling.

The provided sample, style 48505 is a women’s camisole constructed of a 73.6% nylon 11.6% spandex 14.8% rayon lace fabric which was produced on a Tricotronic wrap knitting machine. The camisole features adjustable elasticized shoulder straps, side seams and a scalloped finish at the garment top and bottom.

Upper body garments such as style 48505, are classified in Heading 6109. Therefore, your assertion for classification under 6108.92.0015, HTS, is not appropriate.

Please note that Rule No. 6 of The Textile Fiber Products Identification Act requires the use of generic fiber names when marking textile products.

The applicable subheading for style 48505 will be 6109.90.1065, Harmonized Tariff Schedule of the United States (HTS), which provides Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: brassiere: other: other . . . of man-made fibers. The general rate of duty will be 32.2 percent ad valorem. In 2004, the general rate of duty will be 32 percent ad valorem.

Style 48505 falls within textile category designation 639. Based upon international textile trade agreements products of the Philippines are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Brian Burtnik at 646-733-3054.


Robert B. Swierupski

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